Terms and Conditions
Please read these terms and conditions carefully before using any materials, information or services provided by BYH, Inc. ("Baityourhook.com", "BaitYourHook", "us", "we" or "our"). These terms and conditions, which we may update from time to time, apply to our website ("Baityourhook.com"), emails, text messages and social media accounts. When you use our services, you confirm that you have read, understood and to be bound to the terms and conditions set out below (including the Privacy Policy).
Our services
BaitYourHook provides an online platform through which fishing trip providers (fishing operators) can advertise their fishing trips for reservation, and through which visitors of the website can make such reservations ("our services").
By making a reservation through BaitYourHook, you enter into a direct (legally binding) contractual relationship with the fishing operator at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the fishing operator, transmitting the details of your reservation to the relevant fishing operator and sending you a confirmation email on behalf of the fishing operator.
The information on our website is provided on an "as is" and "as available" basis and is based on the information provided to us by fishing operators. As such, the fishing operators are given access to an extranet through which they are fully responsible for updating information which is displayed on our website (including prices and availability). Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct. Each fishing operator remains responsible at all times for the accuracy, completeness and correctness of the information displayed on our website.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to resell, use, copy or transmit any content or information, services available on our website for any commercial purpose.
Prices and Best Price Guarantee
Our services are free of charge for users and we will not charge you for our services or add any additional (reservation or booking) fees to the final price offered by fishing operators. Users are not required to pay BaitYourHook any joining or initial subscription fee(s) related to use of our services.
All prices on the BaitYourHook website are displayed including VAT tax and all other taxes, unless stated differently on our website or in the confirmation email.
Sometimes special offers with cheaper rates are available on our website for a specific fishing trip, however, these offers may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the fishing trip details thoroughly for any such conditions prior to making your reservation. All special offers are marked as such.
We want you to pay the lowest price possible for your reservation. Should you find your fishing trip, with the same reservation conditions, at a lower price on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the Best Price Guarantee.
Privacy policy
Your privacy is very important to us. Please read our Privacy Policy for information concerning BaitYourHook’s collection and use of your personal information.
Credit card
If available, certain fishing operators offer the opportunity for reservations to be paid (partly or wholly and as required under the payment policy of the fishing operator) to the fishing operator during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the fishing operator through a third party payment processor.
For certain fishing trips or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the fishing trip booking details thoroughly for any such conditions prior to making your reservation.
BaitYourHook uses Stripe as a third party payment processor. You expressly agree to the terms and conditions of the Stripe Services Agreement, and any updates or modifications to either of those documents made from time to time by Stripe.
Cancellation
By making a reservation with a fishing operator, you accept and agree to the relevant cancellation and no-show policy of that fishing operator. The general cancellation and no-show policy of each fishing operator is made available on our website on the fishing operator information pages, during the reservation procedure and in the confirmation email.
Please note that certain fishing trips or special offers are not eligible for cancellation or change. Please check the fishing trip details thoroughly for any such conditions prior to making your reservation.
Please note that a reservation which requires deposit (prepayment) or down payment (partly or wholly) may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the fishing operator and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the fishing operator agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the fishing operator's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the fishing operator carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
Further correspondence
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your fishing trip, and (ii) an email which we may send to you promptly after your fishing trip inviting you to complete our Angler’s review form. Please see our Privacy policy for more information about how we may contact you.
Angler's reviews and feedback
The completed Angler's review may be (a) uploaded onto the relevant fishing operator's information page on our website for the sole purpose of informing customers of your opinion of the service level and quality of the fishing trip, and (b) (wholly or partly) used and placed by BaitYourHook at its sole discretion (e.g. for marketing, promotion or improvement of our services) on our website or such social media platforms, newsletters, special promotions or other channels used by BaitYourHook. We reserve the right to adjust, refuse or remove reviews at our sole discretion.
We welcome and encourage you to provide feedback including Angler’s reviews, comments and suggestions for improvements to our website. You may submit feedback by emailing us at support@baityourhook.com or through the "Contact" section of the website.
Disclaimer
Our website, all content and services provided on our website are provided on an "as is" and "as available" basis. BaitYourHook expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy. BaitYourHook makes no warranty, and expressly disclaims any obligation, that: (a) our website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of our website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to our website, your downloading of any content from our website, (b) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (c) any inaccuracy relating to the information (including rates, availability and ratings) of fishing trips available on our website, (d) the services rendered or the products offered by the fishing operator or other business partners, (e) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (f) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to fishing trips.
Regardless of which payment method you use, you agree and acknowledge that the fishing operator is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the fishing trip price to the relevant tax authorities. BaitYourHook is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the fishing trip price to the relevant tax authorities.
Intellectual property rights
Unless stated otherwise, we own our website including all of the text, images, software, trademarks or other materials contained on our website. You will not copy or transmit any part and/or content of our website, except for your personal, non-commercial use on your computer.
BaitYourHook, the BaitYourHook logo, Baityourhook.com (including mobile version) are trademarks or registered trademarks of BYH, Inc. Other product, service, or company designations on our website belong to our partners and may be mentioned in our website for identification purposes only. You should contact the appropriate partner for more complete information regarding such designations and their registration status. Your use of and access to our website do not grant you any license or right to use any of the marks included on our website.
If you provide us with feedback including but not limited to Angler’s reviews, suggestions, ideas, ratings or any similar or related, you agree that: (a) we own the feedback and any intellectual property rights associated with it; (b) we can use and share your feedback without your consent; and (c) at our request and expense, you will execute documents and take such further acts as we may reasonably request to assist BaitYourHook to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback. You understand that we do no control, and we are not responsible to review the feedback. However, we reserve the right to review, edit, or delete any feedback at any time.
Miscellaneous
We strive to update our website regularly, and may change the content at any time. If necessary, BaitYourHook reserves the right, in its sole discretion, to modify, suspend, or terminate our website and/or any portion thereof, including any service or product available through our website, at any time for any reason with or without notice to you.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with law and any dispute arising out of these terms and conditions and our services shall exclusively be submitted to the competent courts in Idaho, United States.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.